Show I MGUNE ON THE STAND I t He Denounces Plaintiff in Gambling Case I ONCE CALLED HIM A THIEF II I I J After McCune Had Testified in tho I Case Attorney Lee for Plaintiff Lovy Moved a Dismissal Without Prejudice Attorney Critchlow Objected Ob-jected and the Motion was Taken I Under Advisement Until This Slorning Tho Examination was Spicy l j I The cote of William Levy of New I York vs A W McCune to recover 5200 came up before Judge Bluer In the I United States court yesterday The case dates back about a year The alleged al-leged Indebtedness la l stated to be a gambling debt contracted In New York I In August 1S97 Mr McCune was examined ex-amined yesterday and after his testimony testi-mony had been concluded W A Lee attorney for the plaintiff moved that the case be dismissed without prejudice preju-dice E B Critchlow counsel for Mc Cune resisted this motion and asked that judgment in favor of the defendant defend-ant be rendered The court took the matter under advisement until this morning t A Jury was waived by stipulation The case was briefly stated for the benefit of Judge Rlner Mr Lee aSKed I fOI Judgment on the pleadings The motion was argued briefly and denied Mr Lee then said that to the best of I his Information and belief an account existed between the two men lie said It might be an unlawful charge and asked that Mr McCune be placed on I the stand Mr Lee said he knew It I was unusual to put Die defendant on the utand In a case of this kind but on account of the high standing and J character of the defendant in the present 1 pres-ent he felt that the case sure matter would be satisfactorily explained MCUNE ON THE STAND The defendant AY McCune was then sworn and examined by Mr Lee Mr McCune wald his business was so many railroads mining almost a little of everything lie said he did not know Just how long he had known Levy He had met him several times I He was not sure that he saw him In August 1S07 hut he saw him a number of times about that time McCune remembered re-membered seeing Levy In the cafe of I the WaldorfAstoria and also met him at the Hoffman club Mr Critchlow objected to this line of testimony saying it was not material but his objectionwas overruled Mr Lee then asked the witness If a man amcd Rosenfleld was with Levy at the time of the meeting in the Hoffman Hoff-man club Mr McCune said he was not able to recall Rosenfleld he said was Levys brotherinlaw and partner and McCune had met him a number of times but could not remember that he came to the club with Levy Mr McCune said he could not remember re-member telling Levy that he would meet him at the WaldorfAstoria where McCune was staying Levy he said strolled Into the hotel Mr Me Cune did not know whether Levy called to see him or notn They had no conversation conver-sation there with regard to money McOune said After I met him at the Hoffman club he refused to speak to the any more as I told him he was a thief and a scoundrel BUSINESS TRANSACTION Why did you use those words Some business transaction asked Mr Lee Mi Critchlow objected and was overruled over-ruled None whatever replied Mr Mc Cune there was no business disagreement disagree-ment I never had any business with him in my life You never had any business transaction trans-action Well I dont know I played a good deal of poker with him at the Hoffman club I ont know whether you call that business transactions or not You never agreed to pay him S200 No I called In two witnesses to hear me say to him that he was a I thief and a scroundrel No amount was mentioned before them Mr McCune then continued that no rent was paid at the Hoffman club when parties engaged rooms there Ho said the rake off at the games was considered con-sidered sufllclent He met Levy at the Hoffman house bar No he never entertained en-tertained me there unless you call buying a drink entertaining Thats all I ever got out of him We had no business of any kind at tho Hoffman house On one occasion I played cards with him there Mr Lee then asked If Mr Levy were mistaken when lie said Mr McCune told him to come to the Waldorf Astoria as Mr McCune had not hIs check book and would pay there an agreed amount CALLED LEVY A THIEF No he was not mistaken he willfully will-fully lied said Mr McCune because I was told at the Hoffman club he was n thief and played marked cards and to look out for him Mr McCune said that t to his knowledge knowl-edge no differences between him and Levy were ever submitted to mutual friends Ho said he had never acknowledged I acknowl-edged any account with Levy and had never had anything to do with him except to play a game of cards or so and If any difference arose It was from that cause Mr Lee then addressed the court and said he was not disposed to question tho statements of the witness and asked that the case be dismissed without with-out prejudice citing authorities Mr Crltehlow objected saying that such procedure would never allow an ond to litigation According to this a scoundrel scoun-drel like the plaintiff here could pursue a man all over the country and never allow the case to came to an Issue Mr Critchlow said counsel for the plaintiff had evidently looked up the matter with the expectation of making a motion to dismiss Mr Critchlow resisted re-sisted the motion to dismiss and asked that Judgment for the defendant her he-r The court took the matter under advisement until 1 oclock saying say-Ing that If he could find judgment for the defendant he would do BO to end the case At 2 oclock Mr Critchlow cited some authorities In support of his motion and the matter was taken further advisement until this mornIng morn-Ing The plaintiff In the case did not appear ap-pear at the trial yesterday but it Is rumored that he is in the city |